Full question:
The writing of checks with insufficient funds by the president cost the not for profit organization a lot of money and penalties which were never re-paid. Is it considered a negligent conduct on his part or is this considered a misdemeanor or felony in the State of Illinois?
- Category: Criminal
- Date:
- State: Illinois
Answer:
The following is an IL statute:
CIVIL PROVISIONS
Illinois Compiled Statutes
CHAPTER 720 - Criminal Offenses
TITLE III. - SPECIFIC OFFENSES
ARTICLE 17. - DECEPTION
720 ILCS 5/17-1a
Sec. 17-1a. Civil Liability for Deceptive Practices.
A person who issues a check or order to a payee in violation of Section 17-1(B) (d) and who fails to pay the amount of the check or order to the payee within 30 days following either delivery and acceptance by the addressee of a written demand by both certified mail and by first class mail to the person's last know address; or attempted delivery of a written demand sent by both certified mail and by first class mail to the person's last known address and the demand by certified mail is returned to the sender with a notation that delivery was refused or unclaimed, shall be liable to the payee or a person subrogated to the rights of the payee for, in addition to the amount owing upon such check or order, damages of treble the amount so owing, but in no case less than $100 nor more than $1,500, plus attorney fees and court costs.
A cause of action under this Section may be brought in small claims court or in any other appropriate court. As part of the written demand required by this Section, the plaintiff shall provide written notice to the defendant of the fact that prior to the hearing of any action under this Section, the defendant may tender to the plaintiff and the plaintiff shall accept as satisfaction of the claim, an amount of money equal to the sum of the amount of the check and the incurred court costs, and service and attorney fees.
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